Gentlemen of the Chamber,
I come to you, not in my capacity as an officer but that of a private citizen, to humbly petition you to consider a few proposals for the government of Belgium and its empire.
In recent times, a grave loophole in our system of parliamentary accountability has been exposed. The Prime Minister, as the head of government, may be held accountable a motion of confidence; but his ministers are afforded no such procedure. As a result, the intransigence of a single, unpopular minister nearly brought down the government. Such would have been the only way to remove a single man from government. It was only because of the bravery of the honourable Mr Burke, amongst others, in renouncing their ministerial positions to challenge this man, that he was finally expunged without the necessity of fresh elections. Cabinet collectivism has become a shield for ministers who are incompetent or corrupt to hide behind the distinction and virtue of their colleagues. Therefore, I propose to rectify this oversight by the following bill:
Accountability Act
I. Any member of the Chamber of Deputies may initiate a motion of confidence in an officer of the Executive Cabinet (excluding the Prime Minister).
II. The motion must be seconded by a member from a different political party before being put to vote.
III. If the motion is passed by simple majority of the chamber, the officer shall be removed from his ministerial office.
IV. Any officer impeached in such a manner cannot be reappointed to government for the remainder of that parliamentary session.
V. The same ministerial office cannot be consecutively subject to a motion of confidence in its incumbent within the same parliamentary session.
A previous bill to introduce a referendum on the Monarchy failed in what, for both proponents and opponents, must have been the least satisfying circumstances: not on the basis of principle, but of procedure. It is with reluctance that I delved into this issue, but I feel such intervention is necessary. It is my belief that this controversy has dragged on too long and too far. It must be permanently settled before it can become a Promethean punishment on this august body, distracting it from more pressing affairs. As such, I have formulated a proposal of my own that, bearing in mind the procedural failings of the previous bill, I present to the chamber:
Referendum Amendment and Execution Act
Part 1 -
Constitutional Amendment
The following amendment is made to the Constitution:
Chapter 9 - The Legislative Process
Article 10
The Chamber of Deputies may present a legislative issue for popular referendum by a simple majority vote.
Part 2 -
Execution Act
I. There shall be a popular referendum, open to the participation of all enfranchised citizens and to be held within nine months.
II. The following question shall be posed: "Should Belgium be a republic?"
III. A republic is here defined as a political system where the head of state is directly elected by the enfranchised population, with no restrictions on candidacy based on heredity, family, class or community.
IV. If the referendum is passed by a simple majority, the Government is dismissed while the Chamber of Deputies and the Senate convene the Constitutional Convention, and the Monarch shall appoint a provisional, apolitical administration to tend to the affairs of state.
V. The Convention shall alter the Constitution along the republican parameters outlined in section III of this act.
VI. The Convention shall not be dismissed until the Constitution has been rendered entirely compatible with section III of this act.
VII. Upon the conclusion of the Convention, elections shall be immediately held and the previous order restored.
Part 3 -
Constitutional Amendment
Article 10 of Chapter 9 of the Constitution is removed.
And finally, in order to assuage my concerns regarding the Mandate of the African Federation, in terms of its diversions from the original draft, I present that draft for the consideration of the chamber, with rectifications of my own errors. It is not my intention to circumvent or subvert the Prime Minister - only to determine whether parliamentary support for the Mandate emanated because of, or in spite of, the alterations made to it during the legislative process; and whether there is a preference for the original draft or the final presentation. I have excised all other amendments, including those pertaining to the Free State of Batavia, which I advise the Government to make arrangements for in a separate bill should this one be passed.
African Union Act
I. The Mandate of the African Federation shall be replaced by the following statute:
MANDATE FOR THE AFRICAN UNION
Preamble
Recognising that the destiny of Africa depends upon the establishment of superior government and justice for their inhabitants, having by dire experience appreciated the incorrigible faults of the previous system, and desiring the prosperity of the African people whose providence is entrusted to our hands by God, as well as the fidelity of future generations, and to further the existence, independence and liberty of the people of Belgium, the African Union is established for the general welfare and preservation of these African territories:
Chapter 1 - State and Government
Article I
The Union shall be a unitary state, agglomerating the Belgian territories of Benin, Sokoto and the Congo.
Article II
Each territory shall be divided into districts and regions proportional to their population and the beneficence of government by agents of the executive authority.
Chapter 2 - Executive Authority
Preamble
All rightful authority emanates from the will of the people. Therefore, that the integrity of the Union and the social equilibrium remain in order, the execute authority shall act in the popular interest and address the needs of the people.
Article I
The authority of supreme execution of the laws shall be vested in the Protector of the Union.
Article II
Every Monarch of Belgium, on ascending the throne, shall be invested as Protector of the Union and execute an oath to God, that he will preserve the Union and this Mandate.
Article III
The Protector is strictly bound to observe the laws and to supervise and implement their execution.
Article IV
The executive authority shall enact laws, impose taxes, contract public debts, alter the distribution of treasury revenues, wage war, conclude peace or treaties or any diplomatic act and take temporary and timely measures requisite for the security and peace of the Union.
Article V
The Protector shall serve as the fount of legality for all public acts, tribunals, courts of law, magistracies, coin and stamps.
Article VI
All the inferior magistracies shall be bound to the executive authority.
Article VII
The Protector shall appoint the Governor of the Union to vicariously exercise his authority and prerogatives.
Article VIII
The Governor shall in turn delegate his authority to inferior officers and magistracies.
Article IX
The Governor shall appoint such secretaries and commissioners as is necessary to ensure the function of government; namely, that of the public finances, of the police and state security, of agriculture and the interior, of justice and of correspondence.
Article X
The Governor shall commission officers and appoint officials pursuant to the provisions and requirements of law.
Chapter 3 - Judicial Authority
Preamble
To provide for an impartial and equitable judicial system, so that justice shall be universally expressed, from corner to corner, and no criminal may flout its edicts and every man may appeal to its virtue.
Article I
The judicial authority shall be exercised by magistracies instituted and appointed to that end.
Article II
These magistrates shall be autonomous, secure of tenure and accountable only to the rule of law.
Article III
The magistracies shall exercise independence in their deliberations and behave impartially in office.
Article IV
There shall be courts of the first instance for every district, the presiding officers appointed by the Belgian Ministry of Justice.
Article V
There shall be courts of second instance and chief tribunals for every region, the presiding officers appointed by the Belgian Ministry of Justice.
Article VI
The Court of Cassation in Africa shall be the supreme court of the Union, holding sway over every inferior court, its officers also appointed by the Belgian Ministry of Justice.
Article VII
The Court of Cassation in Africa shall serve as the court of first instance for crimes against the Protector and the Union and the court of last instance for all other criminal and civil matters.
Article VIII
A comprehensive code of civil and criminal laws shall be composed by agents employed by the Court of Cassation in Africa to provide for the judicial system in Africa.
Chapter 4 - Martial Authority
Article I
It is the duty of the Union Defence Force to protect the Union's borders and general peace, and to be its strongest shield against adversity and discord.
Article II
The Defence Force shall comprise all Belgian military assets in Africa.
Article III
The Defence Force shall provide for the defence of the Union, safeguard the Union fortresses and borders, and uphold Union and Belgian law.
Article IV
The Defence Force shall remain always in obedience to the executive authority, as prescribed by law, and shall express an oath of conformity to the Union and to the Protector.
Article V
The commander of the Defence Force shall be appointed by the Chief of the Defence Staff of the Belgian Unitary Command Authority.
Please deign to accept, Sirs, this expression of my modest consideration,
Supreme-General
Xavier-Pierre Florian Thaddée
GKLS DSO POM FPS
Chief of the Defence Staff